A decision to impose a suspended sentence for the "truly professional" larceny of a number of trailers and arson of a cargo of contact lenses sent a wrong message to the public, the Court of Criminal Appeal said yesterday.
The three-judge court agreed with the DPP that the decision to suspend a three-year sentence on Brian Lynch was unduly lenient and said it would replace it with a 2½-year prison sentence.
Lynch (37), of Clonmel, Co Tipperary, pleaded guilty at Clonmel Circuit Criminal Court in December 2002 to the larceny and handling of a number of trailers and the arson of a cargo of contact lenses valued at €200,000.
In the court yesterday, in opposing the DPP's appeal against leniency of sentence, counsel for Lynch said his client had pleaded guilty from an early stage and had co-operated with the Garda.
Lynch's haulage business had collapsed, and he had been left with enormous debts and was now a coach-driver, the court was told. He had no previous convictions.
However, granting the DPP's appeal, Ms Justice McGuinness, presiding, said the crime committed in this case was very serious. It was a large operation involving a large number of trailers and was carefuly planned. The trailers were adapted and their tops cut off and repainted.
This was a truly professional operation, the judge said. She also noted that, in pleading guilty at an early stage, Lynch had prevented a long and complicated trial and had co-operated with gardaí.
Ms Justice McGuinness said the trial judge had undoubtedly erred in principle in suspending the entire sentence. That sent out a very wrong message to the public that such a serious planned crime should avoid a custodial sentence.